1 INDEX TO DOCKET EPA-R09-OAR-2013-0663 NEVADA INFRASTRUCTURE SIP FOR THE 2008 Lead (Pb)

NATIONAL AMBIENT AIR QUALITY STANDARD

(February 2014)

FINAL RULE

CATEGORY I RULEMAKING DOCUMENTS

1. Proposed Rule, “Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Lead (Pb),” signed September 30, 2013 (pre-publication version).

2. EPA Region 9, “Pb Infrastructure SIP: Technical Support Document,” September 2013.

3. EPA Region 9, “Technical Support Document: Evaluation of

EPA Evaluation of Nevada Provisions for Section 110(a)(2)(E)(ii)/Section 128 Conflict of Interest Requirements,” July 2012.

4. Proposed Rule, “Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Lead (Pb),” signed September 30, 2013 (78 FR 64430).

5. Final Rule, “Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; InfrastructureRequirements for Lead (Pb),” signed February 28, 2014 (prepublication version).

CATEGORY II STATE SUBMITTALS

1. Letter from Colleen Cripps, Administrator, Nevada Division of Environmental Protection (NDEP), “Nevada’s Clean Air Act § 110(a)(1) and (2) State Implementation Plan for the 2008 Lead NAAQS” to Jared Blumenfeld, Regional Administrator, U.S. Environmental Protection Agency (EPA) Region 9, October 12, 2011, with enclosures.

2. Letter from Colleen Cripps, Administrator, NDEP, “Clark County Portion of Nevada’s Clean Air Act § 110(a)(1) and2

(2) State Implementation Plan for the 2008 Lead NAAQS” to Jared Blumenfeld, Regional Administrator, EPA Region 9, July 23, 2012, with enclosures.

3. Letter from Colleen Cripps, Administrator, NDEP, “Revisions to Nevada’s Clean Air Act § 110(a)(2)State Implementation Plan Submittals” to Jared Blumenfeld, Regional Administrator, EPA Region 9, August 30, 2012, with

enclosures.

CATEGORY III INCORPORATION BY REFERENCE DOCUMENTS

[Reserved]

CATEGORY IV OFFICIAL PUBLIC COMMENT ON THE NPRM

1. Letter from Jasmine Mehta, Chief, Bureau of Air Quality Planning, NDEP, “Partial Approval and Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Lead (Pb),” November 27, 2013.

CATEGORY V OTHER DOCUMENTS

1. Memorandum issued by Edward E. Reich, Director of the Division of Stationary Source Enforcement, EPA, “Clarification of Requirements for Inclusion of Continuous Emission Monitoring Provisions in State Implementation Plans,” May 9, 1980.

2. “Agreement for Delegation of the Federal Prevention of Significant Deterioration Program by the United States Environmental Protection Agency, Region 9 to the Nevada Division of Environmental Protection,” October 19, 2004.

3. Memorandum issued by Air Quality Analysis Division (AQAD), Office of Air Quality Planning and Standards (OAQPS), EPA, “Guidance on the Use of Models and Other Analyses for Demonstrating Attainment of Air Quality Goals for Ozone,

PM 2.5 and Regional Haze,” April, 2007.

4. “Agreement for Delegation of the Federal Prevention of Significant Deterioration Program by the United States3

Environmental Protection Agency, Region 9 to the Washoe County District Health Department”, March 13, 2008.

5. “Agreement for Delegation of the Federal Prevention of Significant Deterioration Program by the United States Environmental Protection Agency, Region 9 to the Nevada Division of Environmental Protection,” September 15, 2011.

6. Memorandum issued by William T. Harnett, Director, Air Quality Policy Division (AQPD), OAQPS, EPA, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS),” September 25, 2009.

7. Letter from Leo M. Drozdoff, Administrator, NDEP, “Current CAA 110(a)(2)(A)-(M) Requirements in Washoe County Portion

of Nevada's PM 2.5 infrastructure State Implementation Plan”

to address 2006 24-hour PM 2.5 NAAQS to Laura Yoshii, Acting Regional Administrator, EPA Region 9, December 4, 2009,

with enclosure.

8. NDEP Bureau of Air Quality Planning (BAQP), “Ambient Air Monitoring Network Plan,” 2012.

9. Clark County Department of Air Quality (DAQ), “Annual Network Plan Report,” June 2012.

10. Washoe County Health District Air Quality Management Division (AQMD), “2012 Ambient Air Monitoring Network Plan,” July 2, 2012.

11. Clark County Air Quality Regulation Section 2, “Procedures for adoption and revision of regulations and for inclusion of those regulations in the State Implementation Plan,” Amended December 20, 2005.

12. Letter from Allen Biaggi, Director, Nevada Department of Conservation and Natural Resources, to Wayne Nastri, Regional Administrator, EPA Region 9, regarding authority of the Administrator or Deputy Administrator of NDEP, May 30, 2007.

13. Clark County Air Quality Regulation Section 12.5, “Part 70 Operating Permit Requirements,” Adopted May 18, 2010.4

14. Draft memorandum prepared by AQPD, OAQPS, EPA, “DRAFT Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” June 17, 2011 version.

15. Memorandum issued by Stephen D. Page, Director, OAQPS, EPA to Regional Air Division Directors, EPA Regions 1-10, “Guidance on Infrastructure State Implementation Plan Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” October 14, 2011.

16. Memorandum issued by Mark Schmidt, AQAD, OAQPS, EPA, “The Estimated Contribution of Ambient Lead (Pb) to Class I Visibility Impairment,” November 7, 2011.

17. EPA Region 9, “Technical Support Document for EPA’s Notice of Proposed Rulemaking for revisions to the Nevada State Implementation Plan, Clark County Department of Air Quality and Environmental Management, New Source Review Permitting Program, Including Minor NSR, NSR and PSD programs,” July 11, 2012.

18. EME Homer City Generation v. EPA , No. 11-1302, U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir., August 21, 2012).

19. Sierra Club v. EPA, No. 10-1413,(D.C. Cir., January 22, 2013).

20. “Agreement for Delegation of the Federal Prevention of Significant Deterioration (PSD) Program by the United States Environmental Protection Agency, Region 9 to the Nevada Division of Environmental Protection,” November 7,

2012.

21. NDEP BAQP, “Ambient Air Monitoring Network Plan,” 2013.

22. Clark County DAQ, “Annual Network Plan Report,” June 2013.

23. Washoe County Health District AQMD, “2013 Ambient Air Monitoring Network Plan” July 1, 2013.

24. Clark County Air Quality Regulation Section 18, “Permit and5

Technical Service Fees,” Amended February 11, 2013.

25. Letter from Matthew Lakin, Air Quality Analysis Office (AQAO), EPA Region 9 to Rob Bamford, Chief, BAQP, NDEP, February 28, 2013, with enclosure.

26. Letter from Matthew Lakin, AQAO, EPA Region 9 to Mike Sword, Engineering Manager, Clark County DAQ, February 28, 2013, with enclosure.

27. Letter from Matthew Lakin, AQAO, EPA Region 9 to Daniel Inouye, Branch Chief, Monitoring and Planning, AQMD, Washoe County Health District, February 28, 2013, with enclosure.

28. EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. Cir., 2012), cert. granted , 2013 U.S. Lexis 4801 (June 24, 2013).

29. Lead (Pb) source data from 2008 National Emissions Inventory Database, August 2013.

30. NDEP, “Nevada Air Quality Trend Report 2000-2010,” downloaded from NDEP’s website, http://ndep.nv.gov/baqp/index.htm , on September 4, 2013.

31. Washoe County Air Quality Regulation 030.000, “Source Permitting and Operation,” downloaded from Washoe County Health District Air Quality Management District’s website, http://www.washoecounty.us/health/air/regulations.html , on September 13, 2013.

32. Memorandum issued by Stephen D. Page, Director, OAQPS, EPA to Regional Air Division Directors, EPA Regions 1-10, “Guidance on Infrastructure State Implementation Plan Elements Under Clean Air Act Sections 110(a)(1) and 110(a)(2),” September 13, 2013.

33. EPA, Jefferson Wehling, Memo to file regarding Washoe County Health District AQMD’s interpretation of rule references to National Ambient Air Standards, September 13,

2013.

34. Letter from David Gaskin, Deputy Administrator, NDEP, “Revisions to Nevada’s Applicable State Implementation Plan (SIP)” to Jared Blumenfeld, Regional Administrator, EPA6

Region 9, January 3, 2014, with enclosures.

35. Clark County DAQ public notice of proposed permit rule amendments, “30-day notice of public hearing and public comment period, proposed amendments to existing Clark County air quality regulations Sections 0, 12.0, 12.2, 12.2, 12.3, and 12.4 and the proposed repeal of Section 1,” February 2, 2014.

CATEGORY VI FEDERAL REGISTER NOTICES

1. 37 FR 10842, “Part 52 - Approval and Promulgation of Implementation Plans,” May 31, 1972.

2. 37 FR 15086, “Part 52 – Approval and Promulgation of Implementation Plans,” July 27, 1972.

3. 38 FR 12702, “Part 52 - Approval and Promulgation of Implementation Plans,” May 14, 1973.

4. 40 FR 13306, “Part 52 - Approval and Promulgation of Implementation Plans, Nevada Indirect Source Regulations,” March 26, 1975.

5. 43 FR 1341, “Part 52 – Approval and Promulgation of Implementation Plans, Air Pollution Control, State Regulations, State of Nevada,” January 9, 1978.

6. 45 FR 46384, “Nevada State Implementation Plan Revision: Nevada Revised Statutes and the Emergency Episode Plan,” July 10, 1980.

7. 46 FR 21758, “Approval and Promulgation of Implementation Plans; Nonattainment Area Plans for the State of Nevada,” April 14, 1981.

8. 46 FR 43141, “Nevada State Implementation Plan Revision,” August 27, 1981.

9. 47 FR 26386, “Approval and Promulgation of Implementation Plans; Nevada State Implementation Plan Revision,” June 18,

1982.

10. 47 FR 26620, “Nevada; Approval and Promulgation of7

Implementation Plans,” June 21, 1982.

11. 48 FR 28271, “Prevention of Significant Deterioration; Delegation of Authority, State of Nevada,” June 21, 1983.

12. 49 FR 26736, “Approval and Promulgation of Implementation Plans; State of Nevada,” June 29, 2984.

13. 58 FR 51735, “Executive Order 12866,” October 4, 1993.

14. 59 FR 7629, “Executive Order 12898,” February 16, 1994.

15. 62 FR 19885, “Executive Order 13045,” April 23, 1997.

16. 64 FR 43255, “Executive Order 13132,” August 10, 1999.

17. 65 FR 67249, “Executive Order 13175,” November 9, 2000.

18. 66 FR 28355, “Executive Order 13211,” May 22, 2001.

19. 66 FR 63188, “Clean Air Act Full Approval of Title V Operating Permits Programs; Clark County Department of Air Quality Management, Washoe County District Health Department, and Nevada Division of Environmental Protection, Nevada,” December 5, 2001.

20. 67 FR 80186, “Prevention of Significant Deterioration and

Nonattainment New Source Review: Baseline Emissions Determination, Actual-to-Future-Actual Methodology, Plantwide Applicability Limitations, Clean Units, Pollution Control Projects,” December 31, 2002.

21. 68 FR 11323, “Approval and Promulgation of Implementation Plans; Prevention of Significant Deterioration,” March 10,

2003.

22. 68 FR 74489, “Approval and Promulgation of Implementation Plans; Prevention of Significant Deterioration,” December 24, 2003.

23. 69 FR 54006, “Approval and Promulgation of Implementation Plans; New Source Review; State of Nevada, Clark County Department of Air Quality and Environmental Management,” September 7, 2004.8

24. 70 FR 68218, “Revisions to the Guideline of Air Quality Models: Adoption of a Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions,” November 9, 2005.

25. 70 FR 71612, “Final Rule to Implement The 8-Hour Ozone National Ambient Air Quality Standard-Phase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline,” November 29, 2005.

26. 71 FR 51766, “Revisions to the Nevada State Implementation Plan,” August 31, 2006.

27. 71 FR 75690, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Excess Emissions Provisions,” December 18, 2006.

28. 72 FR 11, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Requests for Rescission,” January 3, 2007.

29. 72 FR 19801, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Definition, Emergency Episode, and Monitoring Regulations,” April 20, 2007.

30. 72 FR 32526, “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Removal of Vacated Elements,” June 13, 2007.

31. 72 FR 33397, “Revisions to the Nevada State Implementation Plan, Washoe County District Health Department,” June 18,

2007.

32. 73 FR 20536, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits,” April 16, 2008.

33. 73 FR 28321, “Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ),” May 16, 2008.9

34. 73 FR 66964, “National Ambient Air Quality Standards for Lead,” November 12, 2008.

35. 75 FR 31514, “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule,” June 3, 2010.

36. 75 FR 45485, “Determination of Attainment for PM 10 for the Las Vegas Valley Area, NV,” August 3, 2010.

37. 75 FR 59090, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Nevada; Redesignation of Las Vegas Valley to Attainment for the Carbon Monoxide Standard,” September 27, 2010

38. 75 FR 64864, “Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 )— Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC),” October 20,

2010.

39. 75 FR 82536, “Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting Sources in State Implementation Plans; Final Rule,” December 30, 2010.

40. 76 FR 21807, “Approval and Promulgation of Implementation Plans; State of Nevada; PM–10; Determinations Regarding

Attainment for the Truckee Meadows Nonattainment Area and Applicability of Certain Clean Air Act Requirements,” April 19, 2011.

41. 76 FR 36450, “Approval and Promulgation of Air Quality Implementation Plans; State of Nevada; Regional Haze State Implementation Plan,” June 22, 2011.

42. 76 FR 72097, “Air Quality Designations for the 2008 Lead (Pb) National Ambient Air Quality Standards,” November 22,

2011.

43. 77 FR 17334 at 17339, “Approval and Promulgation of Air Quality Implementation Plans; State of Nevada; Regional Haze State Implementation Plan,” March 26, 2012.10

44. 77 FR 38557, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits,” June 28, 2012.

45. 77 FR 43206, “Limited Approval and Disapproval of Air Quality Implementation Plans; Nevada; Clark County; Stationary Source Permits,” July 24, 2012.

46. 77 FR 46361, “Partial Approval and Disapproval of Air Quality Implementation Plans; Nevada; Infrastructure Requirements for Ozone and Fine Particulate Matter,” August 3, 2012.

47. 77 FR 50936, “Approval and Promulgation of Air Quality Implementation Plans; Nevada; Regional Haze State and Federal Implementation Plans; BART Determination for Reid Gardner Generating Station,” August 23, 2012.

48. 77 FR 59321, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits,” September 27, 2012.

49. 77 FR 60915, “Revisions to the Nevada State Implementation Plan, Washoe County Air Quality District,” October 5, 2012.

50. 77 FR 64039, “Limited Approval and Disapproval of Air Quality Implementation Plans; Nevada; Clark County; Stationary Source Permits,” October 18, 2012.

51. 77 FR 64737, “Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Ozone and Fine Particulate Matter,” October 23, 2012.

52. 78 FR 1149, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Nevada; Redesignation of Clark County to Attainment for the 1997 8-Hour Ozone Standard,” January 8,

2013.

53. 39 FR 42510, “Prevention of Significant Air Quality Deterioration,” December 5, 1974.

54. 40 FR 25004, “Prevention of Significant Air Quality Deterioration,” June 12, 1975.11

55. 43 FR 26380, “Prevention of Significant Air Quality Deterioration,” June 19, 1978.

56. 45 FR 52676, “Requirements for Preparation, Adoption, and Submittal of Implementation Plans; Approval and Promulgation of Plans,” August 7, 1980.